7. The several Commissioners now appointed, and that may be from time to time hereafter appointed to take affidavits in causes pending and to be pending in the Supreme Court, shall be and they are hereby severally authorized to take and receive all and every such affidavit and affidavits, as any person or persons shall be willing and desirous to make before them severally, in or concerning any cause, matter, or thing pending or to be pending, or in any wise concerning any of the proceedings of any of the said Inferior Courts of Common Pleas for the several Counties, as the Clerks of the said Inferior Courts respectively do use to do; provided that no such affidavit shall be taken by any Commissioner who is the Attorney in the cause to which such affidavit may relate, except affidavits to hold to bail. 8. In all actions in the Inferior Courts of Common Pleas in this Province in which the said Courts may be authorized by law after judgment by default to inquire of the truth of any matters, or to assess the damages or the amount to be recovered without the intervention of a jury, such inquiry and assessment may be made by a Judge of the said Court in vacation; and upon the production of such assessment signed by such Judge, it shall be lawful for the Clerk of such Court to tax the costs and sign judgment, whereupon execution may issue forthwith; provided always, that no such inquiry or assessment shall be made in vacation until the expiration of twenty days after the day on which the judgment by default shall have been entered; provided also, that the defendant in any such action may, upon due application therefor, have such inquiry and assessment made by a jury, and that the Judge who may be applied to in vacation to make such inquiry or assessment shall have power to order the same to be made by a jury in like manner as is now the law and practice in cases before the Court in Term. 9. All and every of the Attorneys of the Supreme Court may commence prosecutions, or defend any action or suit for his or their clients in any Inferior Court of Common Pleas withir this Province. 10. It shall and may be lawful for the said Courts to appoint Commissioners to take bail in the same Courts in such part of their respective Counties as the majority of the Justices of any of the said Courts in Term assembled shall at any time or times see fit and necessary; and such Commissioners to take bail as aforesaid, shall be appointed by the Courts in the same manner as Commissioners to take bail are appointed by the Supreme Court. 11. In each of the said several Terms of the Inferior Courts of Common Pleas in each and every County of this Province there shall be holden a Court of General Sessions of the Peace for the transaction of all business within the competency of such Court of General Sessions; and the said Justices in Sessions, or a majority thereof, shall have power to adjourn the Sitting of the said Courts or either of them to the week next succeeding the said Terms respectively; and all causes and matters heard and determined, and all business transacted on any day during the week next succeeding the said Terms respectively, pursuant to such adjournment, shall have the same and the like force and effect to all intents and purposes as if heard and determined and transacted at any time during the said Terms respectively; and all parties concerned shall take due notice of such adjournment from time to time and govern themselves accordingly; provided always, that no trials of any issues by jury shall be had at any adjourned Sittings. 16th VICTORIA-CHAPTER 22. An Act for altering the time of holding one of the Courts of General Sessions of the Peace and Inferior Court of Common Pleas in the County of Westmorland. Section. 1. What Term altered, &c. Section. 2. Repeal of Act, &c. Passed 14th April 1853. WHEREAS the Terms for holding the Courts of General Sessions of the Peace and the Inferior Court of Common Pleas in the County of Westmorland have been found inconvenient ; for remedy whereof,— Be it enacted, &c. as follows:-1. The said Courts shall be hereafter holden on the second Tuesday in December, instead of the third Tuesday in November in each and every year; provided always, that no process shall abate or be discontinued by reason of the alteration of the said Term, but shall and may be proceeded upon, heard, and determined at the Term herein appointed, in the same manner as they might have been proceeded upon had no alteration been made. 2. An Act made and passed in the fourth year of the Reign of His Majesty King George the Fourth, intituled An Act for altering the Terms of holding the Court of General Sessions of the Peace and Inferior Court of Common Pleas in the County of Westmorland; also so much of an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Laws to provide for the administration of Justice in the Inferior Courts of Common Pleas and General Sessions of the Peace, as provides for the holding of the Inferior Court of Common Pleas and General Sessions of the Peace in and for the said County of Westmorland on the third Tuesday in November, be and the same are hereby repealed. 11th VICTORIA-CHAPTER 16. An Act to provide for the better payment of Petit Jurors attending the several Courts of Record in this Province. Section. 1. When civil cause to be entered for trial. Section. 4. Construction of terms. Passed 30th March 1848. WHEREAS by the Laws now in force, no adequate allowance is made for the services of Jurors, and it being deemed just, reasonable, and expedient that Petit Jurors should receive compensation for their services in all civil actions ; Be it therefore enacted, &c.—1. When any issue joined in any civil action brought in any Court of Record in this Province, shall be for trial before a jury, the names of the parties therein shall on the first day of the Sittings of the Court at which the trial is to take place, be entered on a Trial Docket, and at such hour as the Court may after the opening thereof direct, unless the Court for some special and reasonable ground of excuse, to be shewn by affidavit, shall order and allow the same to be entered on such Trial Docket at a subsequent hour or day. 2. On the entry of any such cause as aforesaid, the party entering the same shall deposit in the hands of the Clerk with whom such entry is made, the sum of thirty shillings when the cause is not summary, and the sum of fifteen shillings when the cause is summary, to be applied towards a fund for the payment of petit jurors attending such Court, as hereinafter provided, which deposit shall be in lieu of all other fees heretofore allowed to jurors, and shall be costs in the cause. 3. When the jury summoned for and in attendance at such Court shall have been discharged from further attendance, the Court shall divide such fund among the jurors who may have attended such Court, having regard to the number of days each juror has attended, and distance of his travel from place of residence, allowing in such division twenty miles travel to Court as equal to one day's attendance, and so on in like proportion; provided that no greater amount than four shillings shall be allowed to any juror for any one day's attendance; and provided also, that when the jury may have been discharged from further attendance before all the causes so entered for trial may have been tried or otherwise disposed of, such Court may divide any portion of such fund as may be thought reasonable among the said jurors, leaving the residue of the fund to be in like manner afterwards divided among the jurors who may be summoned to attend for the trial of the remaining causes on said Trial Docket; and provided also, that nothing in this Act contained shall extend or be construed to extend to special jurors. 4. In the construction of this Act, except there be something in the subject or context inconsistent with or repugnant to such construction, the word "Court" shall extend to and mean the Supreme Court of Judicature, any Assizes or Sittings for the trial of causes brought to issue in the said Supreme Court, any Inferior Court of Common Pleas in this Province, and the Mayor's Court in and for the City and County of Saint John. 5. This Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and fifty one, and no longer. 14th VICTORIA-CHAPTER 26. An Act to revive and continue an Act to provide for the better payment of Petit Jurors attending the several Courts of Record in the Province. Section 1.-Continuance of Act. Passed 30th April 1851. Be it enacted, &c.-1. An Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act to provide for the better payment of Petit Jurors attending the several Courts of Record in this Province, be and the same is hereby revived and declared to be in full force, and shall continue in operation until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty. Section. 12th VICTORIA-CHAPTER 41. An Act to amend the Laws relating to Juries. Section. 17. Juries, when to re-assemble after ad- 18. On inquest, how qualified. 21. Of Juror on inquest. 22. Allowance to, on inquest. 23. Costs of Special Jury, by whom paid. 25. How Sheriff to be paid. 29. When to execute writ for. 30. Fines of several Courts, by whom col lected. 31. County Treasurer's duty. 32. Subsequent Courts to have the same powers. 33. Penalties for neglect of duties. Be it enacted, &c.-1. An Act made and passed in the twenty sixth year of the Reign of His late Majesty King George the Third, intituled An Act for regulating Juries, and declaring the qualifications of Jurors; also an Act made and passed in the same year of the same Reign, intituled An Act in addition to an Act, intituled “ An Act for regulating Juries, and declaring the qualifications of Jurors;" also another Act |